e hospital. police don't know a motive or who the shooter was or how many there were or their connection. the police are on scene almost 10 hours now gathering evidence. >> everything now is in the preliminary stages of the investigation. unknown what happened here. what we are doing now is trying to piece everything together. >> reporter: police have found multiple shell casings on the street outside of the home. officers however will not talk about the evidence that has been collected. for now the 800 block of humboldt street is cordoned off and still an active crime scene. this marks the second homicide in vallejo thisser. >> in vallejo, elissa harrington, kpix 5. in the east bay this morning, two suspected bank robbers are now in jail. chopper 5 over the easy 8 motel in newark. that's where police found the suspects following a holdup in fremont yesterday afternoon. one of the men surrendered shortly after the officers

arrived. it took about five more hours for negotiators to talk the or man into giving up. a man is reported in critical condition after he was shot by richmond police officers. it happened at an apartment complex on nevin avenue about 5:00 yesterday afternoon. police were called about a man with a gun. they shot the man shortly after they got there. not clear what prompted the shooting or how many days that man was hit. federal agents believe the former l.a. police officer accused of three murders is on his way to mexico or may be there already. a newly released security video shows christopher dorner buying scuba equipment. it was taken in torrence two days before the murder of a police captain's daughter and her fiance. an affidavit for an arrest warrant now gives u.s. marshals the power to extradite dorner. it cites probable cause he is heading to mexico to avoid prosecution. dorner allegedly attempted to steal a boat in san diego and told the boat captain he was taking the vessel to mexico. authorities found dorner's

wallet and id cards near the san ysidro point of entry. kpix 5 reporter cate caugiran is in the newsroom with global reaction to the north korean nuclear test. >> reporter: this move is causing ripple facts in the international community even china north korea's staunchest ally voicing opposition. this test took place last night just before 9 p.m. eastern time. the u.s. geological survey said the blast had a magnitude of 4.9. this morning we are learning north korea says these tests were only a first response to so-called u.s. threats. leaders are calling it self- defense and the nation warns of second and third measures if the u.s. maintains hostilities. the test has heightened tension in the region especially in japan and south korea. u.s. ambassador to japan john ruth met with japan's prime minister to reaffirm american support. >> the united states is

steadfast in its defense to its allies in the region obviously including japan. >> the president issued a statement this morning calling the test provocative and says it threatens u.s. security and international peace. in a statement he says "the danger posed by north korea's threatening activities warrants further swift and credible action by the international community. the united states will also continue to take steps necessary to defense ourselves and our allies." now, experts are saying the timing of the test is not coincidental. the test comes before president barack obama's state of the union address and just ahead of the birthday of former north korean leader kim jong-il. reporting live in the newsroom, cate caugiran, kpix 5. the news out of north korea is expected to increase the significance of national security in president obama's state of the union address tonight but domestic issues will remain the focus of the evening speech. the president is expected to call for more money for

infrastructure, clean energy and manufacturing jobs. >> this is the core emphasis that he has always placed in these big speeches remains the same and will remain the same which is the need to make the economy work for the mill class because the middle class is the engine that drives this country forward. >> the official republican response will come from u.s. senator marco rubio out of florida. he is expected to emphasize the need for smaller government and less regulations. some high-profile guests will attend tonight. they include tim cook the ceo of cupertino-based apple invited by first lady michelle obama. several house democrats invited people affected by gun violence, and among them former arizona congresswoman gabrielle giffords. musician and gun advocate ted nugent will also be there a guest of the republican congressman steve stockman of texas. kpix 5 will air the president's state of the union address live tonight at 6 p.m. it will be followed by a

special edition of kpix 5 news at 7:30. new this morning, the vatican is acknowledging that pope benedict had secret surgery three months ago to replace a battery in his pacemaker. he plans to resign at the end of february. the vatican says that decision is not due to any specific illness but an italian news quotes advisors saying after the recent surgery the potpourri flicted on whether he could continue to lead the roman catholic church. today a vatican spokesman says the pope will have no role in choosing has successor. cardinals have always at least in the last several centuries picked a european priest. but this time, those considered top contenders are from around the world, including canada, ghana and nigeria. other than, more than half of the cardinals who will vote are from europe. so we'll see what happens. 6:07. let's check traffic and weather. >> all about sunshine. a little patchy fog out there this morning but a lot of

sunshine coming our way and looks like warmer temperatures are ahead and some of the numbers in the upper socks and maybe even 70s in the latter part of the week, upper socks and maybe even 70s. fog at the coastline and the bay and ground fog in the north bay valleys. 32 degrees in santa rosa. 34 livermore. 35 degrees in concord. high pressure overhead. the ridge going to remain in place all week long. that means lots of sunshine for the better part of the week and some very mild temperatures in many spots in the afternoon. today usually you see average temperatures in the 50s and 60s. i think probably a little bit above average into santa rosa about 64. about 61 degrees and sunny in livermore. 61 degrees in san francisco. and 62 degrees in san jose. warmer weather ahead. we'll talk more about that in a moment. right now let's check the roads with elizabeth. >> thank you, lawrence. once again a member of the kcbs phone force letting us know what's going on in the crash heading into los gatos in the

santa cruz mountains. not causing significant delays near idylwild road. as for the south bay what we're watching are new metering lights. they should be activated any moment. they haven't been yet through downtown san jose on northbound 280. but they were scheduled to be turned on for the morning drive for the commute from 6 to 10 a.m. we are going to take you live to the scene as soon as they turn them on. westbound 580 through the altamont pass slow, you will notice the yellow sensor, 26 minutes toward the dublin interchange, sluggish approaching vasco road. heavy traffic conditions through antioch, westbound 4 from a to lone tree and at the bay bridge they just activated the metering lights there so now we are stacked up behind that first overcrossing. that's traffic. back to you guys. >> thank you. a 14-year-old boy is in the hospital after he was hit by a car walking to basketball practice in concord. it happened yesterday afternoon at solano way and grand street.

this morning, the boy is at children's hospital in oakland with severe injuries. the driver has been cooperating with police and police do not this alcohol or speeding were factors. a maritime safety group in the bay area may put new rules in place this week limiting ships from sailing under the bay bridge in foggy conditions. this follows an accident last month when the empty oil tanker called the overseas reymar struck the base of one of the towers. now a working group of harbor safety committee recommends barring ships from sailing north under the bay bridge when visibility is half a mile or less. the coast guard is being sued by a bar pilot now whose container ship struck the bay bridge causing a big major oil spill back in 2007. john cota from petaluma contends the coast guard tricked him into surrendering his mariners license. he wants it back. federal investigation determined that he failed to disclosest on prescription medications which may have been

a factor in that crash. a bay area community so fired up over a gun store the owner is getting death threats. how the controversy may lead to a new crackdown. >> and fat tuesday is in full swing in new orleans. we are going live to bourbon street with all the mardi gras celebrations.

an end... today is fat tuesday. "lent" is just hours away... all the partying and shenanigans in new orleans are about to end because today is fat tuesday. >> that's right. that means lent is just hours away bringing a close to mardi gras festivities this year. vinita nair joins us live from new orleans. we hung out in new orleans in the early-morning hours. we not partying starts early.

>> reporter: yes, new orleans still misses you michelle. [ laughter ] >> reporter: we are here on bourbon street one of the famous line balconies that people have obviously heard of. right now you can see it's a little quiet behind me. i like to call this sort of the changing of the guard. we saw people stumbling home as short as 30 minutes ago. and now the parades will start the first one will kick off at 8 a.m. local time. there's some threats of bad weather but the people who are so ambitious that there's no amount of moisture that will dampen any of this. noah and his friends flew to new orleans from three different cities just to celebrate mardi gras. >> san francisco. >> i traveled from wisconsin. >> ohio. >> reporter: they organized their trip on facebook. and now it's time to party. >> whoo! >> reporter: this group is on a girls vacation. >> today was just about slopping and fun. >> reporter: this woman came from israel. >> like it very much. >> reporter: this guy dressed for the occasion. >> i'm a little bit of

everything. i'm a lot to take in. ha. >> reporter: from hotel balconies to packed streets, party-goers are taking over new orleans. [ screaming ] >> reporter: hundreds of thousands of tourists are visiting during mardi gras. for police that means constant crowd control. this parade will go about five miles through new orleans. they are throwing everything from beads to coins to glasses. some people staked out spots hours before the parade. >> i'm here first, i don't want to be in the back. >> reporter: but mardi gras veterans in how to go with the flow. >> don't worry about anything. >> reporter: mardi gras means big fun in the big easy with the good times rolling all night and all day. >> reporter: back live now, in new orleans, i wanted to give you guys a good look at the street. like i said, this is bourbon street. what you're not seeing is all

the trash. it was an impressive choreographed clean-up. as soon as all the people left we saw a series of trash trucks and then sweepers and then trucks spraying disinfectant on the streets. the beer truck is delivering for the next round of partying here in new orleans. >> so veneta do you any insight on the late night activities of michelle while she was hanging out in new orleans? [ laughter ] >> reporter: i think that that is better left for things not discussed on air. >> hello, veneta. thank you. >> reporter: certainly a fun girl to hang out with, yes. >> we know that. are you ready to go? you were there for the super bowl. is there such a thing as too much partying in new orleans. >> reporter: i don't think so. i mean, think about it. this is a city that's really geared for partying. and when i say well choreographed, i really mean that on all fronts. going into the super bowl, they spent a good amount just on infrastructural improvements. there was a new streetcar that was brought up. they also spent a lot of money on the convention center as well as the airport. so when you talk about a

million tourists coming to the city just to party, you're talking about a well oiled city that's ready to greet them. >> it's amazing how they do that. all right, vinita. have fun on fat tuesday. >> reporter: thank you. i'll have a beignet just for you, michelle. >> and a hurricane. thank you. >> we never got into the beads, either, did we? >> no. we didn't. she has a lot of beads. >> liz, all yours. >> she had a whole thing going on. looked good. outside right now, things are actually quieting down on the roads believe it or not. some areas are busier but as far as the number of incidents, we are busier about an hour ago than now. so here's a live look across the san mateo bridge. flowing nicely on westbound and eastbound 92. checking our other live traffic cameras all around the bay area, this is a live look at the nimitz, 880 in oakland as you pass the oakland coliseum. not too bad on northbound or southbound 880. once again overnight they have been doing that widening project from oakland all the way down towards the san

leandro exit approaching marina boulevard all that now has been picked up as of an hour ago and things are fine between downtown all the way down towards hayward. to our other maps, other slow spots westbound 580 a little slow-and-go through the altamont pass, livermore and really continues towards the dublin interchange. we just got one continuous line of brake lights now. westbound highway 4 some of the speed sensors are below 25 miles per hour. and once again, they are activating those metering lights in the south bay so we'll show you a live look coming up here in a few minutes. in the meantime, we're talking weather. with more on that, here's lawrence. >> return of a couple of patches of fog around the bay area early on this morning elizabeth. we are going to see temperatures may be slightly cooler than yesterday. but not bad as you head out, chilly in spots especially in the valleys but toward the afternoon, these temperatures near seasonal for this time of year. plenty of afternoon sunshine. then get ready warming trend as we head in toward the latter part of the week. high pressure sitting overhead. the jet stream staying well to the north. so the storms following that direction staying way away from

the bay area and that's going to keep us dry and keep these temperatures very mild to round out the week. in fact, some of the temperatures may slide to the low 70s as we get into thursday and friday. around the state 60s into the central valley, about 43 degrees in lake tahoe, 49 in yosemite and 59 mostly sunny skies into the monterey bay. heading around the south bay today you will see about 62 degrees in san jose. 62 in redwood city. and about 57 degrees maybe a couple of lingering patches of fog at the coastline an pacifica. 64 degrees in pleasanton. 61 benicia. 64 napa valley. north bay temperatures in the 60s. 60s inside the bay. and the next couple of days return to more sunshine and less fog and offshore winds likely to kick in. with that down slope wind we could see some of these temperatures getting another 70 degrees as we get into thursday and friday. and right into the weekend. right now, guys, no ran in sight. >> really? >> we like it. >> nothing. >> bone dry. >> i like the sun. >> i know. it's beautiful. enjoy it. can't change it. >> going to rain 30 days in

march. >> that's what happens. >> it will come in buckets when it comes. thank you. 6:20 now. the los gatos town council has voted to look into ways to restrict retailers who want to sell guns in the future in their town but gun sales will continue at the store that began all the controversy. the debate began late last year after templar sports opened on university avenue there. the only retailer in los gatos to sell guns including assault rifles. >> there are plenty of places to purchase a weapon. the question is, why do we need to be one of those places? >> the only thing that stops a crazy man with a gun is a good guy with a gun. good guys can't get guns if they don't have stores like templar's to go to. >> store's owner says he received death threats. town officials say los gatos had no local restrictions on gun sales when templar sports applied for a business license last year. the store has complied with all laws, state and federal, so it will be allowed to continue all of its sales.

it is 6:21. one of the oldest olympic sports is being axed from the game. >> we have never seen this in the nba until now. the warriors break ground with a brand-new uniform.

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that one of the original olympic sports is being dropped, starting with the 2020 games. the internatio word that one of the original olympic sports is being dropped starting with the 2020 games. the international olympic committee has decided to do away with wrestling and that will make room for a new sport to be added. that's expected to happen later this year. the ioc executive board reviewed 26 sports before deciding to drop wrestling. >> i don't understand that. that's a great sport! >> i know. >> still collegiate. i wrestled in high school and college. >> no longer i guess. a fashion statement of

sorts at oracle arena. >> if you want to call it that. the warriors debuted their new jerseys yesterday. what do you think? >> i don't like them. the shirts are okay but the shorts have to go. >> not happening. a little too hyped up. they had sleeves a first in the nba. players will wear them through times this season and then throw them away. >> no. >> i guess they are going to donate them to the tour de france. in philly our play of the day. the clippers and the 76ers and l.a. guard chris paul going to get it to blake griffin and mr. griffin is going to do a little razzmatazz. check the jam. he gets loose down low and ba- da-bing with the left hand and in. he finished with 20. chris paul had 21. 11 assists. the clippers beat the sixers 107-90 with authority on the left hander there. >> no kidding. nice dunk. coming up, developing international news. world leaders react to north korea testing a nuclear weapon

overnight. >> plus looking ahead to the second term. president obama is set to make a major announcement regarding troop levels in afghanistan. >> and vallejo police investigating a deadly shooting that happened last night. what they have pieced together so far.

and i'm frank mallicoat. time is 6-- good morning, everyone. it's tuesday, february 12. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is 6:30 now. five people shot under a hail of bullets in a vallejo garage. >> and this morning, police are searching for the suspects. kpix 5 reporter elissa harrington is in vallejo this

morning with an update on this developing story. elissa. >> reporter: good morning. we have learned that one person has since died and police are still on scene gathering evidence. they have been focusing most of their efforts inside of that garage where two people were found with gunshot wounds last night. a man in his 20s died from his injuries. neighbors reported gunshots at 8:30 near humboldt and eastwood. when police arrived, they found the two injured men lying on the floor of the garage. around the same time three people two men and one woman also suffering from gunshot wounds then walked into sutter solano medical center. investigators now say after interviewing all the victims they all were injured here at the same spot so they were all together last night. police however don't know how they all know each other or how many shooters there were. >> everything is in the preliminary stages. investigation. unknown as to who the suspect

victims are or whatever happened here. we are trying to piece things together. >> reporter: police won't release details about motive. the other four victims are still recovering at the hospital. at least one in serious condition. no arrests have been made. in vallejo, elissa harrington, kpix 5. a five-hour standoff between police and bank robbers in newark ended with the suspects surrendering. this video from chopper 5 shows the easy 8 motel where the suspects in a fremont robbery barricaded themselves. one gave himself up about 3:30 yesterday afternoon and it took about five more hours for negotiators to talk the other man into giving up. 6:32 now. the search for that former l.a. cop accused of killing three people is shifting south of the border now. a newly released security video shows christopher dorner buying scuba equipment. it was taken in torrence two days before the murder of a police captain's daughter and her fiance. an affidavit for an arrest warrant now gives u.s. marshals the power to extradite him. it cites probable cause that

dorner is headed to mexico to avoid prosecution. dorner allegedly attempted to steal a boat in san diego and told the boat captain he was going to mexico. his identification cards were found near a mexico checkpoint. an emergency meeting to be held today after north korea tested another nuclear device. kpix 5 reporter cate caugiran is in the newsroom with the latest. >> reporter: this morning, north korean leaders say these tests were only a first response to u.s. threats. leaders call it self-defense and the nation warns of second and third measures if the u.s. maintains hostilities. the test was last night around 9 p.m. eastern time. the usgs said it was a 4.9 magnitude blast. this test follows a successful launch of long-range ballistic missile in december that many believe is capable of reaching

the united states. experts say the timing is not an afterthought. the test comes before president barack obama's state of the union address and just ahead of the birthday of former north korean leader kim jong-il. international analyst jim walsh calls this move tactical. >> the party was dead, it was dormant, no one cared about it. now they are trying to pump it up. but this is a military-first society. how do you balance all of that? i think, to me, that's the question going forward. >> reporter: north korea's test has heightened tension in the area. neighboring nations like south korea and japan are on high alert. president obama issued a statement calling the latest nuclear test a threat to u.s. security and international peace. in his statement he says, "the danger posed by north korea's threatening activities warrant further swift and credible action by the international community. the united states will also continue to take steps necessary to defend ourselves and our allies." this move is raising a loud cry

of the international -- of international condemnation. even china, north korea's staunchest ally, is voicing opposition. reporting live in the newsroom, cate caugiran, kpix 5. thank you. new reports out this morning that president obama will make a major announcement about afghanistan during his state of the union address this evening. it reportedly involves the return of 34,000 u.s. servicemembers from afghanistan within the next year. and that would reduce the number of u.s. forces in afghanistan by half. domestic issues will also be emphasized during the speech. the president is expected to call for more money for infrastructure, clean energy and manufacturing jobs. >> the president's principal preoccupation since he ran for this office in 2007 has been what we need to do to make our economy work for the middle class. >> the official republican response will come from u.s. senator marco rubio of florida. he was recently featured on the

cover of "time" magazine as the republican saviour. rubio is expected to emphasize the need for smaller government and less regulation. some high-profile guests will be on hand for the state of the union address. they include tim cook, ceo of cupertino-based apple, invited by first lady michelle obama. several house democrats have invited people who have been affected by gun violence, among them former arizona congresswoman gabrielle giffords. musician and gun advocate ted nugent will be a guest of republican congressman steve stockman of texas. kpix 5 will air the president's state of the union address live this evening starting at 6:00 followed by a special edition of kpix 5 news at 7:30. 6:36. spring training kicking off for the arizona and giants and most of the baseball teams this week. and it is starting to feel like arizona up there, too, i guess, right? >> no kidding. it's getting warmer. >> it's that time of year. can you believe that football is gone and now we're already talking baseball? >> i'm ready for baseball. >> i'm ready for a good day at

the park, nice garlic fries, hot dog and something delicious to drink to on a day like today. hey, folks, headed around the bay area today, we have some fog that's returning. you can see that sitting over the bay at this hour. also a couple of patches of ground fog showing up in the valleys. visibilities down to a half mile in santa rosa. temperatures chilly 32 degrees speaking of santa rosa, 38 in san jose. 46 in san francisco. 35 degrees and chilly in concord. high pressure still sitting overhead but more of a sea breeze developing now. that's all going to change as early as tomorrow. we are going to see an offshore wind kick in warming up temperatures and clearing out the skies for the remainder of the week. highs today in the 60s into the south bay. i think toward the east bay maybe some mid-60s in the warmest spots toward pleasanton. about 62 in concord, 61 in antioch, inside the bay temperatures in the 50s and 60s. let's check the roads with elizabeth. >> thank you, lawrence. and metering lights on still at the bay bridge toll plaza. so traffic is stacking up towards the overcrossing. probably about 10 or 15 minutes right now to get you on the span. elsewhere, to our maps and

eastbound highway 4 at loveridge we're watching a big rig versus car accident again going against the commute but the really slow traffic is in the commute direction westbound heading through antioch. elsewhere, down towards the south bay, where of course they are activating the new metering lights beginning today. so just a heads up if you're traveling northbound 280 through downtown san jose. activated since 6:00 this morning continues until 10 a.m. so it's actually that connector ramp from the guadalupe parkway to 280 that could really get stacked up as the commute gets under way. we heard from a member of the kcbs phone force. it's slow-and-go on 17 through the santa cruz mountains. the accident approaching idylwild road is cleared. all lanes are open but the flares are still out there so that's what's causing a minor backup getting into los gatos. live look outside, milpitas ride westbound 237, you can see it's slowing down off 880. it's not enough to impact the

drive time yet just sluggish around the bend. mass transit has no delay all morning and so far still everything is on schedule for bart, muni, caltrain and ace. a maritime safety group may adopt new rules on thursday which limits ships from sailing under the bay bridge during foggy conditions. this follows an accident last month when an empty tanker called the overseas reymar struck the base of one of the towers so now a working group of the harbor safety committee recommends barring ships from sailing north under the bay bridge when visibility is less than a half mile. countdown to the opening of the new bay bridge span is on. kpix 5 is proud to be the official television station ceremonies coming up over the labor day weekend. we will keep you posted on the planning for the big day 202 days and counting. team in to a special for a special on the labor day closure and grand opening plans. the prime time half-hour

special is tonight at 10:30 here on kpix 5. there may be some travel headaches in richmond for the next couple of months. the tunnel on dornan drive is closed for emergency repairs plus work that was already planned. crews found some concrete failure inside the aging tunnel. until it's repaired, traffic will have to take other routes to point richmond and the miller knox regional shoreline. 6:39. from apple tv to an iwatch, brian cooley on what the company has up its sleeve for 2013. >> how an owl took an unexpected car ride. coming up. >> a check of the early numbers on this tuesday, a mixed bag but not much out of the gate us this far. we'll talk about that and more with jason brooks when we come back.

killed it ... until she arrived at her destination and found this! the owl got stuck in the grill of a woman in florida hits an owl while driving and thinks she killed it but when she arrived, she found this. i love the eyes. the owl was in good shape and did not suffer any injuries. good thing. >> love it when it blinks. >> it doesn't look real. oh, my gosh. >> the owl is lucky. >> going to be all right. >> the rumors are swirling about the next product apple may have up its sleeve. >> cnet's brian cooley. >> the next thing is the iwatch the rumor so wall street journal had had this story yesterday unnamed sources so we don't know if it's coming soon or way in the future. but the idea is apple needs a new category-breaking hilt. they have been fairly

evolutionary lately so imagine a watch that would team up with your iphone a peripheral to go with your iphone more than a stand-alone device. wearable tech has been so hot. we just got back from the consumer electronics show and i have to tell you it broke out as a big category this year. i finally give it some respect. so the wearable things for fitness or the fuel band that you wear from nike. here's an example of the pebble watch that's been out for a while. we're seeing wearable technology finally break out. for apple to jump in there and take the lead in it kind of has a ring of authenticity to it. the fact that it would tie to the iphone means if they have a hit with a watch up to buy an iphone to work with it. keeps people in the camp which is a big apple strategy. >> what can you do with this watch? >> reporter: you think now that it's easy to carry your phone and use it but a lot of distraction and a drag. it would be nice to keep your phone in your pocket and have a lot of other things just show up on a watch like if a call is coming in you can see who it is, decide to take it right

there on your bluetooth headset and not fumble with the phone and unlock it and power it on. >> i'll be darned. >> it's all on a watch. imagine if all your facebook or email alerts come in here. if you care about them you pull out the phone and go deeper. it's like a ticker of your life. a fascinating idea and it can be a fitness watch that monitors activity, fitness and pulse. you could have a video screen going to it, as well >> the dick tracy thing. >> a little too small. tim cook is speaking at the goldman sachs conference at the sheraton palace coming up at 7:15 this morning before he jacks out to the state of the union so it's possible although not likely we'll get a little bit of a vague idea of where apple is going on new products. maybe a hint of this. >> he has a busy day jumpingn a plane. >> he better hope for no weather delays. >> the president will be saying on his watch, where is he? >> state of the union. >> where's tim cook? >> thank you brian. find more at cbssf.com/mornings

for brian's articles. tesla's boss takes a swing at the "new york times." the issue is a review that sent tesla stock south. here's to chat about it kcbs radio's financial reporter jason brooks. >> reporter: good morning. tesla trying to rebound after a really negative report from a "new york times" reporter who test drove the new model s between washington, d.c., new york up and down the east coast. the battery charge didn't last long because of the cold weather. forced him to turn off the heater. he even ran out of juice at one. the founder of tesla firing back over a series of tweets saying that that was a false report saying that the reporter didn't properly charge the car all the way and didn't have to turn off the heater in order to make it run successfully. jeffrey's analyst saying it looks like it was operator error. tesla shares coming back a little bit. on to apple, talking about the iwatch, tim cook is speaking before an analyst conference with goldman sachs this morning. a lot of anticipation over whether or not he will give any

sort of clue as to whether or not the company will further reward shareholders after hedge fund manager david einhorn's federal lawsuit against apple saying it's too stingy with its $237 billion cash pile saying some of that needs to go to shareholders. we'll be watching that closely today. let's see how stocks are doing after mild losses yesterday. dow is up by one point, nasdaq down one, s&p lower by a fraction. apple shares down a .5%. tesla is up just slightly. frank and michelle, back to you. >> thank you, kcbs radio's financial reporter jason brooks. brian and jason both mentioned the iwatch. what do you think? >> i don't know. if that's all that it does show things from your phone? i want some originality. i want something new. come on, apple. >> you're tough. >> that's what apple is known for their innovation. i'd like to see something new. >> mine doesn't even light up. >> see? you need a new watch. [ laughter ] >> folks, around the bay area we have a few more patches of fog. more of a sea breeze kicking in outside and that's a sign that the temperatures may cool off

just slightly today. not by much. but really still high pressure sitting overhead. so by the afternoon, near seasonal temperatures. and then a warming trend in the works. some of these temperatures by the end of the week near 70 degrees. high pressure sending the jet stream well to the north. that means we are going to keep things dry and these temperatures very mild especially in the latter part of the week. some of these temperatures really soaring in spots with an offshore wind. possible delays at sfo this morning and that's due to some of the cloud cover early on although nothing reported just yet. if you are heading across the country, delays and thunderstorms in houston, partly cloudy skies in denver, chicago and new york. looks like cooler temperatures toward the east coast once again. not so bad out here though. 60s into the south bay this afternoon. plenty of sunshine there. some 50s toward the coastline. and a couple of patches of fog in the east bay maybe some mid- 60s into pleasanton, about 62 in concord and 64 in the napa valley. a lot of 60s in the north bay and 50s and 60s inside the bay. next couple of days, plenty of sunshine, warmer temperatures expected especially thursday

and friday with the offshore wind staying dry through the weekend. let's check the roads now with elizabeth. >> thank you, lawrence. and we are closely watching downtown san jose this morning. specifically, northbound 280 and the on-ramps because they have activated the two metering lights that we keep talking about. they have finally activated them beginning this morning. you can see them flashing. we have a photographer near san jose city college. it begins operation this morning. traffic will be controlled at 13 on-ramps on a six-mile stretch of 280 through downtown san jose including that ramp from northbound guadalupe parkway. that's from 6 to 10 a.m. every weekday morning just in the northbound direction. southbound will be turned on a few months from now. elsewhere, out live towards the bay bridge, they have also activated the metering lights here so we are starting to stack up towards the foot of the maze. your usual commute into the city, but it's busy already.

elsewhere, to our maps, other live traffic cameras, dublin interchange westbound 580 sluggish towards tassajara and 680. the drive time is up to 33 minutes. westbound 580 is actually slow and go from 205 come out of tracy. that is traffic. back to you guys. >> thank you. time now for a look at what's coming up later on "cbs this morning." charlie rose joins us from new york. good morning, charlie. >> reporter: good morning, frank and michelle. north korea condemned around the world after testing a nuclear weapon overnight. we'll get reaction from senior white house advisory valerie jalapeno read. plus jared. and former vice president dick cheney joins us. >> "cbs this morning" starts at 7:00. forget your morning tea or coffee. why don't you try a soda? that's what pepsico is hoping for. it's rolling out a new breakfast drink called kick- start that has mountain dew

flavor. but it's made with 5% juice and vitamins b and c along with an extra jolt of caffeine totaling 92 milligrams of caffeine per can. it hits store shelves later this month. if you walk the beaches in half moon bay lately, you may have heard more than just crashing waves. >> i guess so. a local artist has found a way to mix music with the sounds of nature. ♪ [ music ]♪ >> this donated baby grand piano is impossible to tune so maro fortissimo wheeled it out to the edge of a cliff and has been playing it for crowds at sunset. it's a hit but someone complained and now the city says without a permit, the me no has to go. >> say good-bye and thank you to all the people that have been around and it's been wonderful. >> fortissimo's final sunset performance is friday night where he will take the piano out on a boat, set it on fire

as he plays one last song. kind of sad for the piano. >> sending it out in style. that's how royalty was once set afloat. friday night. all right. watch out for a zombie apocalypse apparently. >> yeah. that's the warning that was broadcast in montana when a tv station's emergency alert system apparently got hacked. here it is. >> hacker: authorities in your area have reported that the bodies of the dead are rising from their graves and attacking the living. follow the messages on screen that will be updated as information becomes available. do not attempt to approach or apprehend these bodies as they are considered extremely dangerous." >> that might wake you up. >> i think so. [ laughter ] >> the montana television network says don't worry, there's no emergency but police did get a lot of 911 calls to see if it was true. >> yeah. i guess people believed it. >> well, have you heard that on network tv? scary. time now 6:53. will it rain on the mardi gras parade? some live pictures now from new

orleans. i don't think rain is going to stop them. your fat tuesday forecast for the big easy.

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[ zapping ] [ clang ] this is the next level of performance. the next level of innovation. the next rx. the f sport. this is the pursuit of perfection. others wounded... after a shooting in vallejo. the victim w checking today's top stories, one man dead four others wounded after a the shiuing in vallejo. >> the victim who died -- shooting in vallejo. >> the victim who died was found in the garage of a home at humboldt at 8:30 last night. about the same time three others showed up at the hospital with gunshot wounds. police think this may have been a drive-by shooting. >> the united nations security council is holding an emergency

meeting this morning after another nuclear test by north korea. nato says today's test is a flagrant violation of security council's actions. president obama says the test threatens the u.s. security and international peace. north korea says it's a response to u.s. threats. president obama will deliver his state of the union address this evening. there are new reports this morning that he will announce a major reduction of u.s. military presence in afghanistan over the next year. 34,000 u.s. servicemembers would be coming home. about half the number currently in afghanistan. >> and kpix 5 will air the president's state of the union address live this evening starting at 6 p.m. followed by a special edition of kpix 5 news at 7:30. one last check of weather and traffic. if you like sunshine this week, you are in luck. >> what a week we have ahead. we have some patchy fog out there though this morning. you see some of that sitting out over the bay early on. the temperatures a little

chilly in spots. some 30s and 40s. i think by the afternoon, we should see plenty of sunshine maybe a couple of lingering clouds coastside, 50s there, 60s elsewhere. next couple of days near 70 by friday, liz. >> i know. we like that 70. thanks to billy poone, too. we like that 70-degree reading. outside now, eastbound highway 4 at loveridge we have that accident blocking a lane. you will notice slowing eastbound and your usual slowdowns westbound through antioch, as well. outside no major delays through downtown san jose because they activated those new metering lights on northbound 280 through those downtown exits. so a good six-mile stretch of 280 you will see those metering lights on trying to access the freeway. so we'll watch it for you and keep you updated throughout the cutins. >> thank you. the super bowl and now mardi gras, the good times just keep rolling. the place to be, new orleans, a live look at bourbon street right now. a few folks out there now and cleaning crews. prepping and cleaning from last night's big parade.

thousands of tourists making their way to the big easy because today is fat tuesday. >> that's right. they are definitely ready for the parade, beads and all of the fun. they have to live it up today because tomorrow starts the lenten season. >> a little bit wet there but i don't think rain will stop the party. >> not when there's beads to be got. >> all right. thanks everyone for watching kpix 5 news this morning. remember your next local update is at 7:25. "cbs this morning" next. enjoy your day. captions by: caption colorado comments@captioncolorado.com good morning to our viewers in the west, it is tuesday, february 12th, 2013. former dick cheney blasss

and compliments president obama. thousands of trapped in deplorable conditions aboard a stranded cruiseliner. >> we begin a look at today's "eye opener" your world in 90 seconds. >> this was not a surprise. the only real question was when. >> north korea defies the world with a third nuclear test. >> it's a miniaturized nuclear test. >> it triggered a mild earthquake and prompted the u.n. security council to call an emergency meeting later this morning. >> president obama calls it a highly provocative act. the manhunt continues for a los angeles cop on a ventful rampage. >> new video shows dorner two days before the rage buying scuba gear. >> i'm very very concerned about what i see happening, charlie. >> do you think.